Common use of TERMINIATION Clause in Contracts

TERMINIATION. This Agreement may be terminated in whole or in part by either party in the event of substantial failure of the other party to fulfill its obligations under this Contract through no fault of the terminating party; but only after the other party is given: Not less than 20 calendar days written notice of intent to terminate; and An opportunity for consultation with the terminating party prior to termination. This Agreement may be terminated in whole or in part by the Department for its convenience, but only after Vendor is given: Not less than 20 calendar days written notice of intent to terminate; and An opportunity for consultation with the Department prior to termination. If termination for default is affected by the Department, the Department will pay the Vendor that portion of the compensation which has been earned as of the effective date of termination, but: No amount shall be allowed for anticipated profit on performed or unperformed services or other work, and Any payment due to Vendor at the time of termination may be adjusted to the extent of any additional costs occasioned to the Department by reason of Vendor’s default. Upon termination for default, the Department may take over the work and prosecute the same to completion by Agreement with another party or otherwise. In the event Vendor shall cease conducting business, the Department shall have the right to make an unsolicited offer of employment to any employees of Vendor assigned to the performance of the Agreement, notwithstanding the provisions of Section 11.b. If after termination for failure of Vendor to fulfill contractual obligations, it is determined that Vendor has not so failed, the termination shall be deemed to have been effected for the convenience of the Department. The rights and remedies of the Department and Vendor provided in this section are in addition to any other rights and remedies provided by law or under this Agreement.

TERMINIATION. This Agreement may be terminated in whole or in part by either party in the event of substantial failure of the other party to fulfill its obligations under this Contract through no fault of the terminating party; but only after the other party is given: Not less than 20 calendar days written notice of intent to terminate; and An opportunity for consultation with the terminating party prior to termination. This Agreement may be terminated in whole or in part by the Department for its convenience, but only after Vendor Contractor is given: Not less than 20 calendar days written notice of intent to terminate; and An opportunity for consultation with the Department prior to termination. If termination for default is affected by the Department, the Department will pay the Vendor Contractor that portion of the compensation which has been earned as of the effective date of termination, but: No amount shall be allowed for anticipated profit on performed or unperformed services or other work, and Any payment due to Vendor Contractor at the time of termination may be adjusted to the extent of any additional costs occasioned to the Department by reason of VendorContractor’s default. Upon termination for default, the Department may take over the work and prosecute the same to completion by Agreement with another party or otherwise. In the event Vendor Contractor shall cease conducting business, the Department shall have the right to make an unsolicited offer of employment to any employees of Vendor Contractor assigned to the performance of the Agreement, notwithstanding the provisions of Section 11.b. If after termination for failure of Vendor Contractor to fulfill contractual obligations, it is determined that Vendor Contractor has not so failed, the termination shall be deemed to have been effected for the convenience of the Department. The rights and remedies of the Department and Vendor Contractor provided in this section are in addition to any other rights and remedies provided by law or under this Agreement.